Development of Creative Commons licenses

["Todd A. Jacobs" <nospam AT codegnome.org>]

On Thu, Jul 08, 2004 at 08:05:49AM -0700, Pim Techamuanvivit wrote:

> I don't really want any financial gain from this, but would rather not
> let them get away with doing this without repercussion.  What should I
> do?  I don't know if regular lawyers would have any knowledge of
> creative common licensing.

If you don't want reparations, I'm not sure what kind of "repercussions"
you were thinking about. Maybe you should spend some time thinking about
that. What do you want? An apology? A printed retraction? Payment for
your photo? You can't expect anything to happen until you know what you
want.

If you just want something simple and non-punitive, you can probably get
a paralegal to draft you a letter of demand. Or you could file a civil
action in small claims court. But if you think you need to go to court,
or get a court order, you may want to consult either an intellectual
property attorney, or one who specializes in contract law, even if you
eventually decide to represent yourself.

Either way, whether you use a CC license, or hold a registered copyright
with copies on deposit at the Copyright Office, it's still up to you to
enforce your copyright. It's not fair, but that's how the legal system
works.

Oh, and just so it doesn't get lost in the shuffle: have you tried
contacting the editor directly? A well-placed, *polite* phone call might
resolve your problems without all the drama if it was an accidental
infringement.

-- 
Find my Techno-Geek Journal at http://www.codegnome.org/geeklog/